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Privacy Policy

Last Updated September 2015

Your privacy is important to Brainspace Corporation (the “Company”, “we”, or “us”). This Privacy Policy explains how we collect, use, share and protect information about you. We also provide information regarding how you can access and update your information and make certain choices about how your information is used.

The Privacy Policy covers both our “online” (e.g., web and mobile services however accessed or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the Company. Our “online” and “offline” activities are collectively referenced as the “Services.”

BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

Please review the following carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not use any of our Services or give us any of your information. In addition, please review our Terms of Service, which may apply to your use of our websites and mobile applications. This Privacy Policy is incorporated by reference into the applicable Terms of Use.

If you have questions about this Privacy Policy, please contact us at legal@brainspace.com.

1. INFORMATION WE COLLECT

a. Information You Provide To Us

Personal Information. We may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and mobile number (“Personal Information”). We may collect this information through various forms and in various places through the Services, including account registration, or when you otherwise interact with us or other users. When you sign up to use the Services, you create a user profile that may require you to provide your: name, phone number(s), email address, password, zip code, credit card number, expiration date & security code or information regarding your PayPal, Google Wallet or other digital payment accounts. Information about your payment accounts is not held by the Company. We use a third-party payment processor to handle all payments made through the Services.

If you choose to provide data, text, information about you or your work, usernames, graphics, images, photographs, profiles, audio, video, items, and links (“Submissions”) when using our Services, the Submissions will be viewable by us and by other users. You may remove or update Submissions at any time by logging into your account. Do not post sensitive personal information (health, financial or other account information) to the Services.

b. Information We Collect As You Access And Use Our Services

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed):

Cookies. A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website.

If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you.

You should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties, and use of third party cookies is not covered by our Privacy Policy.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. The web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored in a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. Web beacons or similar technologies help us better manage content on our Services by informing us what content is effective, count users of the Services, monitor how users navigate the Services, count how many e-mails that we send were actually opened or to count how many particular articles or links were actually viewed. We do not tie the information gathered by web beacons to your Personal Information.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

c. Information Third Parties Provide About You

We may, from time to time, supplement the information we collect about you through the Services with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you incentives, and opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through the Services. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.

d. Information You Provide About A Third Party

If you choose to use our referral service to tell a friend about our Services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use this functionality through our Services, your e-mail address may be included in the communication sent to your friend.

2. HOW WE USE COLLECTED INFORMATION

Our primary goal in collecting your Personal information or Usage Information is to provide you with an enhanced experience when using the Services.

We will communicate with you in response to your inquiries, to provide the services you request, to manage your account and to interact with external social networks and platforms. We will communicate with you by email, telephone, in-Services messenger or SMS or text message, in accordance with your wishes.

We use your information to closely monitor which features of the Services are used most, to allow you to view your account or account history, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and resources.

We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no Personal Information about you.

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Services are temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

In addition, we may use your Personal Information or Usage Information that we collect about you:

· to provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;

· to process your registration with the Services, including verifying your information is active and valid;

· to improve the Services, to customize your experience with the Services, or to serve you specific content that is most relevant to you;

· to enable you to participate in a variety of the Services’ features such as online or mobile entry sweepstakes, contests or other promotions;

· to contact you with regard to your use of the Services and, in our discretion, changes to the Services or our policies;

· for internal business purposes;

· for inclusion in our data analytics; and

· for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response.

3. DISCLOSURE OF INFORMATION TO THIRD PARTIES

We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information.

a. When You Agree To Receive Information From Third Parties.

You may be presented with an opportunity to receive incentives, information or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

b. Third Parties Providing Services on Our Behalf.

We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf - such as third-parties to host the Services, design or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide support, enable us to send you special offers, host our job application form, perform technical services, or perform other administrative services. We may provide these vendors with access to user information, including Personal Information, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose.

While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.

We may use a third party hosting provider who hosts our support section of our website. Information collected within this section of our web site is governed by our Privacy Policy.

c. Sweepstakes, Contests and Promotions.

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

d. Administrative and Legal Reasons.

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate to:

· prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.

e. Business Transfer.

We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information to a subsequent owner, co-owner or operator of the Services or applicable database, or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests or assets or other corporate change, including, during the course of any due diligence process.

4. PUBLICLY DISCLOSED INFORMATION

a. User Generated Content and Public Information.

The Services may offer publicly accessible blogs or community forums or other ways to permit you to make Submissions. We or others may reproduce, publish, distribute or otherwise use Submissions online or offline in any media or format (currently existing or hereafter developed). Others may have access to Submissions and may have the ability to share it with third parties across the Internet. You should be aware that any Submissions you provide in these areas may be read, collected, and use by others who access them. Thus, please think carefully before deciding what information you share, including Personal Information, in connection with your Submissions. Please note that Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload, whether through the Services or otherwise. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Services.

To request removal of your Submission from our Services, you may do so in your user account settings or you may contact us at legal@brainspace.com. In some cases, we may not be able to remove your Submissions, in which case we will let you know if we are unable to do so and why.

b. Name and Likeness.

We may also publish your name, voice, likeness and other Personal Information that is part of your Submissions, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding Submissions you submit to the Services, please review our Terms of Service.

5. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SERVICES

The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties.

6. SOCIAL MEDIA FEATURES

Our online and mobile Services may include social media features, such as the Facebook Like button, and widgets such as a “Share This” button, or interactive mini-programs that run on our online and mobile Services. These features may collect your IP address, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.

7. CHANGING MY INFORMATION AND CANCELING MY ACCOUNT

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration and any Submissions. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through our support page. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.

You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences.

We will retain your Personal Information, Usage Information, and Submissions for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information, Usage Information, and Submissions (including credit card information and account history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.

8. PARENTS AND CHILDREN

Because our Services are not directed toward minors, no one under 18 is allowed to register with or use the Services. We do not knowingly collect Personal Information from anyone under the age of 18. If we discover that we have collected Personal Information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of 18 and believe he or she has disclosed Personal Information to us, please contact us at legal@brainspace.com.

9. SECURITY INFORMATION

The Personal Information, Usage Information, and Submissions we collect is securely stored within our databases hosted by Amazon Web Services, which uses standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information - such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information). However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone.

10. CHANGES TO THE PRIVACY POLICY

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

11. YOUR CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from individuals in California (those who have an established business relationship with us) asking about the business’ practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose your Personal Information to third parties for the third parties’ direct marketing purposes unless you first affirmatively agree to the disclosure (opt-in) or if you have exercised an option to opt-out of such information-sharing (opt-out).

We have opted for this alternative approach, and we do not share your Personal Information with third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such information.